S6561-2011 - NY Senate Open Legislation - Authorizes the adoption of a local law requiring certain individuals to pay the local probation department an administrative fee of up to twenty dollars per month

Authorizes the adoption of a local law requiring certain individuals currently serving or who shall be sentenced to a period of probation upon conviction of any crime to pay the local probation department with the responsibility of supervising the probationer an administrative fee of up to twenty dollars per month.

Sponsor: DEFRANCISCO / Co-sponsor(s): JOHNSON, LARKIN, MARTINS, O'MARA, RANZENHOFER, SEWARD / Committee: RULES
Law Section: Executive Law / Law: Amd S257-c, Exec L

S6561-2011 Actions

Jun 21, 2012: COMMITTED TO RULES
May 21, 2012: ADVANCED TO THIRD READING
May 16, 2012: 2ND REPORT CAL.
May 15, 2012: 1ST REPORT CAL.807
Mar 20, 2012: REPORTED AND COMMITTED TO FINANCE
Feb 27, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S6561-2011 Meetings

Crime Victims, Crime and Correction: Mar 20, 2012, Finance: May 15, 2012

S6561-2011 Calendars

S6561-2011 Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Mar 20, 2012

Ayes (10): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Kennedy, Peralta
Nays (4): Rivera, Hassell-Thompson, Montgomery, Espaillat

VOTE: COMMITTEE VOTE: - Finance - May 15, 2012

Ayes (22): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Hannon, Lanza, Larkin, LaValle, Little, Nozzolio, Robach, Saland, Seward, Young, Diaz, Peralta, Stavisky
Ayes W/R (1): Breslin
Nays (11): Krueger, Dilan, Duane, Gianaris, Montgomery, Oppenheimer, Parker, Perkins, Rivera, Stewart-Cousins, Squadron
Excused (1): Marcellino

S6561-2011 Memo

BILL NUMBER:S6561

TITLE OF BILL:

An  act  to  amend  the  executive  law,  in relation to authorizing the
adoption of a local law requiring certain individuals currently  serving
or  who  shall  be sentenced to a period of probation upon conviction of
any crime to pay the local probation department with the  responsibility
of  supervising  the  probationer  an administrative fee of up to twenty
dollars per month

PURPOSE:

This bill will provide county probation departments with  assistance  in
providing costly probationary services.

SUMMARY OF PROVISIONS:

Section  1  of  the bill amends section 257-c of the executive law as it
relates to authorizing counties to imposed an administrative fee  of  up
to twenty dollars per month for persons serving probation for any crime.

Section 2 relates to the effective date.

JUSTIFICATION:

Currently,  probation departments may out into collecting an administra-
tive fee of thirty dollars per month  for  the  supervision  of  persons
convicted  of  drinking  while  driving crimes. The admin- istrative fee
recoups costs associated with the supervision of probationers. Probation
is a costly service that is provided by the county and  is  mandated  by
state  law. This bill would authorize county government to set an admin-
istrative fee of up to twenty dollars for all other crimes that a person
is on probation for. This will relieve the financial burden of providing
supervision to Probationers.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None, but there will be cost  savings  to  the  local  county  probation
departments.

EFFECTIVE DATE:

This  act shall take effect immediately; provided that the amendments to
section 257-c of the executive law made by section one of this act shall
not affect the expiration of such section and shall expire therewith.

S6561-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          6561
 I N  SENATE
 February 27, 2012
 
 Introduced  by  Sens.  DeFRANCISCO,  JOHNSON,  LARKIN,  MARTINS, O'MARA,
 RANZENHOFER, SEWARD -- read twice and ordered printed, and when print
 ed to be committed to  the  Committee  on  Crime  Victims,  Crime  and
 Correction
 AN  ACT  to  amend  the  executive  law,  in relation to authorizing the
 adoption of a local law requiring certain individuals currently  serv
 ing or who shall be sentenced to a period of probation upon conviction
 of  any crime to pay the local probation department with the responsi
 bility of supervising the probationer an administrative fee of  up  to
 twenty dollars per month
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 257-c of the executive law, as added by chapter  55
 of the laws of 1992, subdivision 5 as amended by section 58 of part A of
 chapter 56 of the laws of 2010, is amended to read as follows:

 

S 257-c. Probation  administrative  fee.  1. Notwithstanding any other
 provision of law, every county and the city of New  York,  may  adopt  a
 local  law  requiring  individuals  currently  serving  or  who shall be
 sentenced to a period of probation upon conviction of  any  crime  under
 article  thirty-one  of  the vehicle and traffic law to pay to the local
 probation department with the responsibility of supervising  the  proba
 tioner an administrative fee of thirty dollars per month. The department
 shall  waive  all or part of such fee where, because of the indigence of
 the offender, the payment of said surcharge would work  an  unreasonable
 hardship  on  the  person convicted, his or her immediate family, or any
 other person who is dependent on such person for financial support.
 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EVERY  COUNTY  AND  THE
 CITY  OF NEW YORK, MAY ADOPT A LOCAL LAW REQUIRING INDIVIDUALS CURRENTLY
 SERVING OR WHO  SHALL  BE  SENTENCED  TO  A  PERIOD  OF  PROBATION  UPON
 CONVICTION  OF  ANY  CRIME, EXCEPT THOSE UNDER ARTICLE THIRTY-ONE OF THE
 VEHICLE AND TRAFFIC LAW, TO PAY THE LOCAL PROBATION DEPARTMENT WITH  THE
 RESPONSIBILITY  OF  SUPERVISING THE PROBATIONER AN ADMINISTRATIVE FEE OF
 UP TO TWENTY DOLLARS PER MONTH. THE DEPARTMENT SHALL WAIVE ALL  OR  PART
 OF SUCH FEE WHERE, BECAUSE OF THE INDIGENCE OF THE OFFENDER, THE PAYMENT
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13573-01-1
        S. 6561                             2
 OF  SAID  SURCHARGE  WOULD  WORK  AN UNREASONABLE HARDSHIP ON THE PERSON
 CONVICTED, HIS OR HER IMMEDIATE FAMILY,  OR  ANY  OTHER  PERSON  WHO  IS
 DEPENDENT ON SUCH PERSON FOR FINANCIAL SUPPORT.
 3. The provisions of subdivision six of section 420.10 of the criminal
 procedure law shall govern for purposes of collection of the administra
 tive fee.
 [3.]  4.  The  probation administrative fee authorized by this section
 shall not constitute nor be imposed as a condition of probation.
 [4.] 5. In the event of non-payment of any fees which  have  not  been
 waived  by the local probation department, the county or the city of New
 York may seek to enforce payment in any  manner  permitted  by  law  for
 enforcement of a debt.
 [5.]  6.  Monies  collected pursuant to this section shall be utilized
 for probation services by the local probation  department.  Such  moneys
 shall  not  be  considered  by  the  division when determining state aid
 pursuant to section two hundred forty-six of the executive  law.  Monies
 collected  shall not be used to replace federal funds otherwise utilized
 for probation services.
 

S 2. This act shall take effect immediately; provided that the  amend
 ments  to section 257-c of the executive law made by section one of this
 act shall not affect the expiration of such  section  and  shall  expire
 therewith.

S6561-2011: Authorizes the adoption of a local law requiring certain individuals to pay the local probation department an administrative fee of up to twenty dollars per month